HomeMy Public PortalAbout2004_02_23Council Work Session
February 23, 2004
Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding.
Councilmembers Present: Frank Buttery, MervJn Jackson, Melinda Kramer, Marry
Martinez, David Schmidt, Robert Zoldos and Mayor Umstattd.
Councilmembers Absent: None
Staff Members Present: Town Manager Bob Noe, Town Attorney William Donnelly,
Assistant to the Town Manager Nicole Ard, Assistant to the Town Manager Kathy
Leidich, Interim Finance Director George Shelley, Chief of Police Joe Price, Director of
Engineering and Public Works Tom Mason, Director of Parks and Recreation Kaj
Dentler, Director of Economic Development Betsy Fields, Human Resources Director
Dona Wolf, Deputy Utilities Director Aref Etemadi, Chief of Comprehensive Planning
David Fuller, Management/Budget Officer Mike Freda, Senior Planner Chris Murphy,
Senior Planner Nancy Kitchens, Management Intern Alexandra Shabelski, and
Assistant to the Clerk of Council Debi Parry.
AGENDA [TENS
Agenda for Council Meeting of February 24, 2004.
a. Approving SE-2003-06, Costco Tire Center, [300 Edwards Ferry
Road, NE to permit a four-bay automobile tire installation service
center - Public Hearing
Chris Murphy outlined this proposal to move the on-site tire center from
the front of the property to the front interior of the Costco building. He
outlined the need for buffering between the Costco parking lot and the
Edwards Landing community adjacent to the property. Further, he stated
Costco has agreed to install a vinyl fence, plant evergreens, and install a
masonry wall around the loading dock and trash compactor areas.
He stated staff has not had the opportunity to review the proposal they
received on Thursday for the creation of an earthen berm at the site. He
added the Planning Commission has recommended approval of this
application.
Councilmember Schmidt asked if staff had spoken to the residents
regarding their reaction to the berm?
Mr. Murphy stated he has not had the opportunity to speak with the
residents, but will include their statements regarding the berm in his report
for the next Council meeting.
Councilmember Zoldos verified Costco would keep the fence in the plans
even if they receive approval to construct the berm.
Vice-Mayor Jackson asked if the residents are satisfied with the buffering
and other improvements proposed by the applicant?
Mr. Murphy stated the majority of the residents agree this is a good
compromise.
Town Council Work Session Minutes for February 23, 2004 Page 2
Councilmember Buttery verified the recommendations for mitigation of
noise have addressed the residents' concerns.
Mayor Umstattd stated the vinyl fence may not be attractive and asked if
it would be possible to cover it with ivy?
Mr. Murphy stated he would investigate that possibility and what plantings
will be used on the berm to visually enhance the site.
Dennis Nolan, 207 Tennessee Drive, stated the proposed improvements
will make the situation better for the residents; however, not all of the
residents are completely satisfied. He stated the majority of the residents are
in favor of the berm as it will decrease the visual impact as well as the noise
generated by Costco.
Councilmember Kramer asked how old the houses are?
Mr. Nolan stated his home is a year old.
Mike Banzhaf, attorney for the applicant, stated the berm is a site plan
issue and should not affect Council's decision regarding the special exception.
Further, he stated Costco has gone out of their way to work with the citizens
to minimize any impacts the project may have on the adjacent homeowners.
b. SE-2002-07 - Star Pontiac, Buick and GMC, 326 E. Market Street -
Public Hearing
Nancy Kitchens stated this property is zoned B-2, with an H-2 overlay.
The proposed expansion of the facility by 17,800 square feet will include
additional sales, 13 additional service bays and office space resulting in a
total of 33,425 square feet.
Further, she stated the Planning Commission has recommended approval
with conditions; however, staff is recommending denial of this application due
to non-compliance with the Zoning Ordinance.
Ms. Kitchens outlined the staff concerns as follows: (1) inadequate
buffering between business and adjoining residential uses; (2) large massing
and building appearance; (3) location of the expansion areas in proximity to
the homes on Edwards Ferry Road; (4) relocation of electrical and storm
sewer easements in buffers; and (5) relocation of the site entrance.
Councilmember Schmidt stated he would like information on the building
elevations tomorrow night. He stated the building should have a traditional
design due to its proximity to Dodona Manor and the downtown. Further, he
asked for information regarding aligning the entrances on IVlarket Street and
how the conditions of approval changed on the night of the Planning
Commission vote?
Tom Mason stated it is Engineering Department policy to align entrances
in order to facilitate ingress and egress from the sites along Market Street.
He stated the applicant is opposed to this; however, staff believes it is the
best long-term solution.
Town Council Work Session Minutes for February 23, 2004 Page 3
Councilmember Zoldos asked why it is better to have the entrances align?
Mr. Mason stated if the entrances were aligned, cars wouldn't cross paths
when turning onto Market Street out of the sites. Further, he stated if the
entrances were not aligned the current traffic flow would not worsen.
Councilmember Zoldos stated if the traffic flow would not worsen, then
the town should not require the applicant to move his entrance to align with
the business across the street.
Councilmember Kramer stated she has received phone calls from
various Planning Commission members stating if they had properly
understood the applicant's reluctance to make some of the improvements
they would not have endorsed this application.
Mayor Umstattd stated Council has to rely on the commission's vote.
Councilmember Zoldos cited staff's recommendation that the applicant
reduce the number of proposed service bays. He asked staff to take into
consideration the amount of money that will be generated by the additional
bays.
Ms. Kitchens stated staff is not opposed to the applicant's desire to see
their business grow; however, staff is opposed to the site location of their
expansion. She stated staff is responsible for Zoning Ordinance and the Town
Plan compliance while Council can base their decision on a multitude of
things.
Bob Sevila, attorney for the applicant, stated a letter of clarification
was sent to the Planning Commission on the night of their vote stating the
improvements shown on the plat were shown at the recommendation of staff
and were not entirely agreed to by the applicant. He apologized for any
confusion this may have caused. Further, he stated he has worked with the
owners of the adjacent properties and has received written agreements from
all of them.
Vice Mayor Jackson verified staff has been trying to align the entrances
on Market Street for the past 20 years.
Councilmember Kramer stated Council should consider the future
traffic needs of the town, not the current situation.
c. Final list of Community Development Block Grant Projects - Public
Hearing
David Fuller outlined the final list to be submitted to the county. He
stated the Ft. Evans Road sidewalk improvements have been added to the list
as requested by Council. Further, he stated the Loudoun Community Free
Clinic was not added to the list because of the tremendous amount of staff
time that would be involved in managing and distributing the funds and it
would be unfair to single out just one agency.
Mr. Fuller asked Council to vote on this after tomorrow night's public
hearing because of the tight schedule HUD has imposed on the county.
Town Council Work Session Minutes for February 23, 2004 Page 4
Councilmember Schmidt asked why the staff is not requesting full funding
for the Ft. Evans Road project including the drainage improvements?
Hr. Fuller stated
resulting increase in
the project's benefit
there was concern about the cost of the project and the
the level of proof staff would need to provide regarding
to Iow-income citizens.
Councilmember Martinez stated he would prefer to request funding for
the entire amount of the Ft. Evans Road improvements and would like to see
it scheduled for first year funding.
Councilmember Zoldos stated his disappointment that the town is not
asking for funding on behalf of the Free Clinic and the park and ride lot.
Mayor Umstattd verified staff feels the park and ride lot should be a
county project and the location is proposed for the intersection of Battlefield
Parkway and the Greenway.
Councilmember Zoldos asked Mr. Fuller to provide a report tomorrow night
on the staff time involved in managing the money for the Free Clinic.
Mr. Noe stated to require the town staff to provide that assistance to an
outside group is not feasible.
Vice Mayor Jackson asked that staff look into funding for the Free Clinic as
well as elderly housing and a kitchen for ]:nterfaith Relief.
Mayor Umstattd stated there was some concern regarding the town's
involvement in the administration of funds for the Free Clinic as that is a
function for which there is existing county staff to handle. Further, she stated
there is concern Lhat the town would have to hire another person to
administer the Free Clinic monies.
Mr. Noe stated the Loudoun Community Free Clinic falls under human
services provided by the county. He stated the county has experienced staff
to handle the administrative needs of this organization.
Councilmember Kramer suggested drafting a letter of support for the
Loudoun Community Free Clinic to be forwarded to the Board of Supervisors.
Vice Mayor Jackson stated he had spoken with the site manager for the K-
Mart property who said Hr. John Clark, Loudoun County Transportation
Director, had asked for 600 parking spaces at that location. He asked Mr.
Fuller to investigate why the county would need 600 spaces there in addition
to their request for 300 parking spaces proposed for the Westpark site.
d. FY-2004 Hid-year Budget- Public Hearing
Hike Freda outlined the FY2005 budget estimates stating staff is
projecting $877,000 will be available to fund new initiatives. He stated the
change in health care insurance, renegotiation of the trash contract and a
rebound in revenues have all had a positive impact on the budget. Further,
he stated an increase of $310,000 to the Virginia Retirement System has also
impacted the budget for the coming year.
Town Council Work Session Minutes for February 23, 2004 Page
Mr. Freda stated the town has done well in lowering the debt by not
funding projects with bonds. He stated every $1,000,000 in bond financing
causes an impact of $80,000 on the General Fund for 20 years.
Councilmember Martinez asked how much revenue has been produced
from the cigarette tax?
IVlr. Freda stated the amount is expected to be approximately $1,000,000.
Mr. Noe stated one of the most pressing issues facing the town is the
operating budget, which is something that the town has to invest in to be
successful in the long run. He recommended only the South King Street
Bridge Project be funded during the mid-year budget. Further, he stated all
of the other items he has recommended for funding have funding sources
other than the General Fund.
Vice Mayor Jackson verified the Virginia Department of Transportation
would not contribute funds to the South King Street Bridge project.
Mr. Freda outlined the other mid-year budget requests stating most will
be funded by outside sources. Further, he stated Chief Price has asked to
remove the request for fingerprinting equipment because the Loudoun County
Sheriff's Department has agreed to take on this responsibility.
Councilmember $chmidt asked Mr. Freda to review money coming from
the Utility Fund from a borrowing stand point contrasted to needing tax
dollars for the Loudoun Street addition to Town Hall.
Mr. Freda stated the Utility Fund would finance the building; however, the
payback from the General Fund would be reduced to reflect the lease rate for
the utilities office and the first floor retail. He stated when the final total is
reached he will report back to Council; however, staff believes this could be
accomplished by an additional penny or less on the tax rate. Further, he
stated the tax rate would not necessarily need to be increased if the funds
could come from other sources, such as new revenues.
Councilmember Martinez asked that funding be provided for the Union
Cemetery and Dry Mill drainage projects. Further, he asked that Loudoun
County be given recognition for providing the funds for improvements at the
intersection of Evergreen Mill Road and Tolbert Lane.
Councilmember Martinez thanked Mayor Umstattd and Tom Mason for
their recognition of the Street Department's efforts during the recent snow
and ice storms.
Councilmember Zoldos stated he would support funding for the Union
Cemetery and Dry Hill drainage projects. He stated the amount for funding
these projects would be $65,000.
Councilmember Buttery verified the projected revenue includes the new
assessments for homes in the town. Further, he asked that a report
delineating the taxes and the projected revenues be provided to Council.
Town Council Work Session Minutes for February 23, 2004 Page 6
Vice Mayor ~lackson asked staff to provide a report on what the non-
departmental organizations asked for last year and how much the Council
provided to them.
Councilmember Zoldos verified the FY 2005 budget process would begin in
March with the briefings beginning in April.
Mayor Umstattd thanked Mr. Freda and Mr. Noe for their efforts in
insisting that Council limit the town debt stating it has obviously paid off. She
reported that she has spoken with the cemetery and they may qualify as a
charity because they maintain the graves of several unidentified Civil War
soldiers. She concurred with Councilmember Zoldos' request for funding the
Union Cemetery and Dry Mill Road drainage projects. Further, she asked Mr.
Freda to supply Council with a copy of his presentation.
Ft. Beauregard Commercial presentation
This item was deferred at the request of the applicant.
Sandy Kane, stated the applicant has only been working with the residents of
Breckenridge.
Mayor Umstattd stated she has spoken with the applicant about the need to
communicate with all of the residents in that area.
3. Route 7 and Crosstrails Boulevard Znterchange/Leesburg Employment
Center
Councilmember Zoldos stated he has had discussions with KS[ regarding a
potential employment center on the former Petersen property. He introduced Mr.
Mike Banzhaf.
Mike Banzhaf stated the property consists of 158.5 acres and is zoned I-1. He
stated the property is very prominent as you enter the town; however, it has two
power and gas lines running across it. The property is located at the intersection of
Route 623 and the entrance to Luck Stone quarry and the site of the proposed
Crosstrails Boulevard and cloverleaf interchange. He stated the Town Plan calls for
mixed use at this site. Further, he stated this project is not meant to compete with
the downtown, but enhance this important gateway into the town.
Terry Shuck, architect for the applicant outlined a similar town center
development he designed outside of Charlotte, North Carolina. He stated this type of
center with a mix of age restricted housing, office and retail provide a unique
shopping destination and allow people to truly experience the small town feel.
Councilmember Zoldos stated this type of use has been proposed before and
he feels very excited about this project.
Mayor Umstattd asked if the current town ordinances would stand in the way
of this type of development?
Mr. Banzhaf stated the property should be rezoned to Planned Employment
Center and Council can then modify any provisions by special exception. He stated
the streets would be private and the use would be changed from B-:L to B-2. He
stated he has not spoken to staff; however, he believes this could be achieved if staff
Town Council Work Session Minutes for February 23, 2004 Page ?
is willing to cooperate. Further, he stated this employment center would make a
beautiful gateway into the town.
Mr. Banzhaf stated he would set up a meeting with Susan Swift to present a
site layout.
Councilmember IVlartinez stated on the surface this looks very attractive. He
asked the timeline for this project if there were no major issues or objections?
Mr. Banzhaf stated a Town Plan amendment and rezoning would need to be
filed in addition to a traffic analysis. He stated the interchange would have to be
modified from a cloverleaf to a diamond. Additionally, the town would need to
extend River Creek Parkway and all of the other roads crossing the property
including Crosstrails Boulevard.
Councilmember Martinez asked what the construction timeline would be?
Mr. Eddie Burns stated the timeline would be approximately 24 months.
Councilmember Martinez asked if there are retailers ready to come in?
Mr. Burns stated there are many major retailers who would like to come to
Leesburg but have no place to go.
Councilmember Schmidt stated the project looks good and verified it is not
zoned for residential use currently. He stated there is already significant residential
proposed to be added in the southwest quadrant. Further, he stated adding
residential would raise red flags and issues that need to be addressed.
Mr. Banzhaf stated the residential would be multi-family use or age restricted
housing. He stated this would not be a school age children type of neighborhood.
Councilmember Kramer stated the housing options in the town seem to be
limited to estate homes and this would be a good opportunity to introduce other
housing options.
Mayor Umstattd stated she would like to hear input from the residents of
Kincaid Forest. Further, she stated residential uses have not been proposed for this
area before.
Mr. Shuck stated as people get older and their children leave home they are
often looking for smaller housing, possibly within walking distance of where they
work.
4. Use of Council Chamber by Loudoun County Electoral Board on
Election Night
Dianna Price stated the Electoral Board would like to withdraw their request
to use the Town Council Chamber.
5. Proposed Tourist Center in the Loudoun Street Addition
Betsy Fields stated her recommendation that Council authorize staff to pursue
an agreement with the Loudoun Convention and Visitor's Center to move into the
Loudoun Street Addition of Town Hall. She stated as plans evolved for the space in
Town Council Work Session Minutes for February 23, 2004 Page
the expansion, staff realized it would be advantageous to the town to have the visitor
center back downtown.
Councilmember Schmidt verified the town would not be expected to provide
staff or pay for staff to relocate to this location.
Councilmember Martinez stated the market value of the space is $:~9,000, but
by using this space the town will save $30,000 by not providing the visitor's center in
the lobby of the current building. He asked what the value of the four parking
spaces, required by LCVA would be?
Ns. Fields stated the approximate value would be $220 per year per space.
Councilmember Zoldos stated the town should not enter into any agreements
until Council gives final approval for the expansion. He stated he would not be in
favor of free rent, even in lieu of the $30,000 the town is currently spending.
Further, he stated he would like to see the visitor center return to the downtown
a rea.
Ms. Fields stated this issue is coming to Council now because staff needs to
finalize the plans for the space with the architect.
Councilmember Kramer stated she supports the direction in which staff is
going.
Mayor Umstattd asked if the town enters into a contract with LCVA, would it
bind the town to provide space whether or not the addition is built?
IVls. Fields stated any agreement reached would be a letter of intent and
would not bind the town unless the expansion is built.
Mayor Umstattd asked if the LCVA is interested in relocating downtown if the
space in the expansion is available for free rent?
Cheryl Kilday, President, Loudoun Convention and Visitor Center, stated they
are very interested in exploring the possibility; however, they are not ready to make
a commitment at this moment. Further, she stated LCVA would not look for any
binding contract from the town.
Councilmember Zoldos stated his belief that the rate of growth in the budget
and staff are not directly correlated with the rate of population growth. The town is
currently providing a good level of service to the community, and should be able to
handle the population growth with the current staff level for many years to come.
Further, he stated the town is approaching residential build out and will not need the
planners and engineers we currently have.
William Donnelly stated there could be a non-binding letter of intent;
however, the architects are almost finished with the design portion of the contract
and will need to know whether to include configured space for the tourist center in
their programming.
Bob Noe stated with Leesburg as the county seat and given the rapid growth
in the county, growth will not bypass Leesburg. He stated in the FY 2004 budget
Town Council Work Session Minutes for February 23, 2004 Page 9
staff tried to explain to Council what their current needs were and Council chose not
to fund those requests and not raise the tax rate. Further, he stated one way or
another the government will get more space whether it is rented or purchased.
Mayor Umstattd stated there are currently applications in progress to rezone
land to high density residential. Further, she thanked staff for working with the
architect to try to reduce the price.
Councilmember Martinez stated this town's growth will not stop. He stated
staff needs room and if this expansion is not built the town will have to take
commercial property off of the market for staff needs. Further, he stated 20 years
from now Council will be spending more money for leasing space and will also lose
the revenue that could have been generated from that space.
Vice Mayor .lackson stated every $400,000 dollars of debt incurred by the
town equals another penny on the tax rate. He stated he is not ready to vote for this
addition until the citizens agree the expansion is needed.
6. .loint planning effort with County
David Fuller outlined staff's recommendation that Council authorize planning
staff to begin discussions with the Loudoun County's Planning Department in order to
develop policies for guiding development adjacent to the town.
was the consensus of Council to encourage this working relationship.
Councilmember Zoldos asked Mr, Fuller to provide information on the
county's efforts to locate a park and ride lot at tomorrow's meeting,
7. Fee Waiver Request - Heritage High School Project Graduation
Celebration
Kaj Dentler stated this request is identical to the fee waiver request approved
for Loudoun County High School's graduation celebration.
was the consensus of Council to support this request.
8. 2004 Pony National Girls Softball Tournament
Kaj Dentler stated the County of Loudoun and the Loudoun Girls Softball
Association have requested use of Freedom Park as part of a cluster of fields,
including Evergreen Mill Elementary, Simpson Middle School and Heritage High
School for the 2004 Pony National Tournament in July. He outlined areas of concern
including the estimated $20,000 cost to the town, economic benefits and traffic
impacts. He stated the main concern of the Parks and Recreation Department is the
number of games to be played at this site.
Mr. Dentler stated the Parks & Recreation Commission endorsed the plan by a
3-2-:L vote; however, they did not support charging fees. Further, he stated the
town could operate the concessions in order to recoup some of the expenditures;
however, he would recommend that the opportunity be given to one of the youth
athletic organizations.
Councilmember Schmidt asked if the $20,000 would be entirely out of pocket
costs or would some of it be reallocation of staff time?
Town Council Work Session Minutes for February 23, 2004 Page
Mr. Dentler stated these are all out of pocket costs. He stated $:[2,000 is for
materials and supplies to accommodate the function as well as staff overtime,
$5,000 is for police staffing and $3,000 for miscellaneous expenditures.
Councilmember Schmidt asked staff to try to negotiate for fewer games per
field. Further, he congratulated Mr. Dentler on his management of the ida Lee
Recreation Center.
Councilmember IVlartinez suggested running a bus from Freedom Park to the
downtown to encourage the players and their families to spend their down time in
the town. Further, he stated he believes the impact on the fields will be minimal.
Councilmember Zoldos stated if the town hosts this event once, it will be
expected to host it each year. Further, he stated if the number of games can be
decreased he would support this request.
Mr. Dentler stated the issue is much bigger than the concern of the fields. He
stated the economic and marketing benefits should be considered as well.
Councilmember Buttery asked if the expenditures would require an
appropriation from the General Fund to replenish the Police and Parks & Recreation
budgets?
Mr. Dentler stated since this tournament would take place in the new fiscal
year the funds can be requested into the FY 2005 budget.
Councilmember Buttery verified this tournament would not affect any of the
local leagues. Further, he asked if the Transit Occupancy Tax could fund this event?
Betsy Fields stated she believes the tournament does receive grant money
from the county's Transit Occupancy Tax; however, she would have to investigate
this and report back to Council.
Councilmember Buttery asked if the tournament would interfere with the
installation of the traffic signal at the intersection of Evergreen Mill Road and Tolbert
Lane?
Tom Mason stated the contractor could suspend work on the traffic signal
installation during the week of the tournament.
Councilmember Kramer stated she is concerned about the impact on the
fields and asked Mr. Dentler to contact other local jurisdictions that have hosted this
event to discuss their experiences.
Mayor Umstattd asked Chief Price to report on the public safety issues and
Betsy Fields to report on the potential economic impact. She stated the staff memo
indicates the economic benefit to Leesburg may not be as great as Council would
have hoped.
IVls. Fields stated the county hosted the tournament last year, which consisted
of 15 teams. She stated 32 percent of those people stayed in Leesburg hotels. She
stated if you estimate approximately 50 people per team that would provide a
$:L2,500 economic impact on the town. Further, stated the town is already enjoying
Town Council Work Session Minutes for February 23, 2004 Page
the benefits of this program without hosting the games and urged Council not to let
the potential economic impact affect their decision on this issue.
Chief Price stated this event would have a negative impact on traffic in the
area. He stated the proposed location is along a major commuter route and
although school will be out for the summer, Heritage High School will be the summer
school location for the county. He stated he would need to have dedicated officers
and Community Support Team members at these locations for pedestrian safety.
Further, he stated there are parking concerns.
Councilmember Zoldos asked if the Pony League could distribute the new
Leesburg tourism brochures?
Ms. Fields stated the Loudoun Convention and Visitor's Center will produce
packets for the tournament.
Councilmember Buttery verified the tournament will be returning to Loudoun
County this year regardless of whether or not we allow them to use Freedom Park.
9. Water Pollution Control Facility upgrade and expansion, Project 7.5
services during construction
Aref Etemadi stated staff recommends awarding this contract to CH2M Hill in
the amount of $2,843,000.00. He stated the expansion project would take
approximately three years and the engineering firm will be on site.
~[t was the consensus of Council to support this contract.
:/0. General Contract prequalification process
Aref Etemadi stated as part of the Water Pollution Control Facility expansion
staff is recommending a process for qualifying contractors prior to advertising the
job. He stated the Virginia Public Procurement Act allows localities to adopt such
prequalification processes 30 days prior to bidding the job.
Councilmember Schmidt asked Mr. Donnelly if he has reviewed this and
whether or not he has any legal concerns?
Mr. Donnelly stated he has reviewed the questionnaire and it looks fine.
Further, he stated this would be used only when appropriate.
I:L.
Preview items for I~larch 8, 2004 work session
None
New Business
Councilmember Zoldos stated Ken Reid is asking Council to send a memo to
the Virginia Department of Rail and Public Transportation opposing the elimination of
Loudoun's express bus service from Purcellville to Rosslyn and Washington, DC. He
stated essentially Loudoun bus commuters would be required to transfer to another
bus in Tyson's in lieu of a direct, non-stop route. Further, he stated he would have a
resolution for Council's approval tomorrow night.
Mayor Umstattd asked if this would be in opposition to anything the county
has proposed?
Town Council Work Session Minutes for February 23, 2004 Page
Councilmember Zoldos asked staff for verification of this.
was the consensus of Council to support this request.
Councilmember Zoldos stated Larry Moison would address Council tomorrow
night regarding the Patriot Project's efforts to build a memorial to Loudoun's
Revolutionary War soldiers on the courthouse lawn. He stated there would be a
resolution for Council's approval tomorrow night.
Mr. Noe stated tomorrow's meeting will be broadcast on Channel 24.
The meeting was adjourned at 11:02 p.m.
2004_tcwsmin0223.doc
/erk of Council